R v Robertson

Facts

Robertson was found under a disability before arraignment. The medical evidence was that his delusions might make him use his challenges unwisely, and act otherwise than in his own best interests. He understood the proceedings. He said he should have been tried.

Issue

Is a defendant unfit to plead because a delusion may make him conduct the trial unwisely?

Held

No. Lord Parker CJ set the finding aside. A defendant who understands the trial, the evidence, the charges and how to instruct counsel is fit to plead, even if he may act against what others think is his own interest.

Principle

Unfitness is inability to take part in the trial. It is not foolishness, and it is not a delusion that leaves that understanding intact.

Why it matters

Robertson is also the authority for a different point: if the prosecution raises unfitness, the prosecution must prove it beyond reasonable doubt. That burden is the prosecution's. The reported decision is the test of fitness.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.